عارف بشیری

There are clear differences among the jurists about the right to alimony of a separated pregnant wife. Many jurists, whose views are more popular, consider the separated wife to be inherently deprived of the right to alimony, citing the rule that "there is no alimony for a temporary wife". In contrast, Sheikh Tusi and his followers hold the second view and believe that it is obligatory to pay alimony to the separated pregnant wife. Under the article 1113 of the Civil Code of Iran that follows the first view of the jurists, the payment of alimony to a pregnant temporary wife becomes obligatory where the parties have set out a condition at the time of concluding the contract of mut'ah. Using a descriptive-analytical method and after reviewing each point of view along with the presented documents, the author evaluates that if it is proved by evidence that the alimony should be given to a separated pregnant wife there is no contradiction with the ruling of Imamiyyah jurists that the separated wife has no right to get alimony. It is because of the fact that it is obligatory for the husband to pay alimony whether the separated wife has the right to get the alimony or not. In addition to the weakness of the first argument, the ruling of the necessity of alimony is proved in two ways: First, by taking the opposite meaning from the verse 6 of the Surah Al-talaq which considers the description of pregnancy as the exclusive cause for proving alimony and indicates the need to pay alimony. Second, through the "originality of alimony of pregnancy" in which case the ruling of the necessity of alimony, based on the general evidence of alimony for close relatives, has more implication on lineage alimony.

One of the most common ways to hide income is to rent a bank account. This phenomenon has made it difficult to identify the information of economic actors in order to identify the source of money and determine the amount of tax on it. This descriptive-analytical study seeks to examine economic policies and decisions to combat this phenomenon from the perspective of economic law. The results of this study show that the intensification of the phenomenon of renting bank accounts is mainly due to the government's neglect of personal accounts, and this has led to regulatory policies focusing on commercial accounts. Moreover, even these limited policies are sometimes challenged by non-implementation and follow-up by banks, and sometimes conflict with the interests of some major stakeholders, and in the author's view, One of the main reasons for the non-implementation as well as the successive developments in the economic policies of the Central Bank has been from the beginning until now. Renting bank accounts in the judiciary is also subject to a criminal guarantee. "Renting" a bank account for various crimes such as tax evasion, money laundering, etc., each of which has a specific punishment in the Islamic Penal Code, and according to judicial rulings, a person who "rents" the account, the ground for the realization of these crimes To provide, under the title of deputy or participation in the crime, is subject to the punishment prescribed in the Islamic Penal Code.

Relief of compulsion, that is, to escape and get rid of compulsion, has been mentioned by Sheikh Ansari as one of the conditions for compulsion. He claims the evidence implies that in the realization of compulsion, there is a difference between relief through toryeh (half truth) and relief through non-toryeh, and in relief with toryeh, compulsion is still achieved, despite the possibility of relief for the compelled person. This ijtihad of the Sheikh on the issue of conditionality of relief has led to the presentation of various views and sometimes objections by the jurists. By examining the conditionality of relief  in compulsion and explaining Sheikh Ansari's point of view and analyzing the viewpoints of the agreeing and disagreeing jurists in this regard, the authors have reached the conclusion that the  oppositions' views that the real satisfaction in the conditions of the contractors is a correct criticism on the words of the Sheikh, but it does not prevent the acceptance of the conditionality of relief in  compulsion, and the possibility of relief with toryeh, which the opponents have proposed, is nothing more than a claim. The criterion for the realization of compulsion in relief with non-toryeh is also different due to the lack of customary rules in this regard, considering the mental differences of individuals from one person to another.

The purpose of this research is to promote the criminal law of the subject, in view of the purpose of the sacred law to prevent the abandonment of the execution of punishment, with adjudication and jurisprudential justification, to evaluate different perspectives of the jurists regarding delay or delay in the execution of retribution with the claim of pregnancy If the doctor does not approve, the woman will do so. The present study, by examining the opinions of the jurists and modifying the opinions presented by them, argues that The necessity of delaying the execution of female retribution is due to the principle of practice, the proof of ijtihadi and jurisprudential rules, such as "rule of law", "minister", and since medical tests related to pregnancy have not been able to detect fetuses in the first weeks. And with the base error, therefore, the theory of the first opinion of the jurists is based on the necessity of delaying the execution of the tortures and the basis of it is proved. This article also analyzes that, where a pregnancy claim is made by a woman, mental prudence is a necessary delay .

The weaknesses of legal remedies has at times provided the conditions for some firms to increase the price of a product by exploiting their economic position, dominating the market and by causing a false inflation in the market of a certain commodity. This is done to achieve unjustified and unfair profits and can be interpreted as price manipulation in the commodity market. Although the crime of price manipulation in the stock market is found under the criminal label "Security Market Manipulation", there is no clear definition provided and it is largely misunderstood.In this descriptive-analytical study, the feasibility of price manipulation in different markets is evaluated by assessing the key indicators of price change in a commodity. Excessive price manipulation can lead to market imbalances and the profits from the rise in prices are obtained in an unconventional and unfair method. In addition, according to paragraph 9 of Chapter 44 of Article 44 of the Constitution, this occurs when, firstly, the trader has a dominant economic position; and secondly, the disputed price of a certain commodity varies a great deal with the average cost of production or with its relative proportional profit.

In all the legal systems of the world, specific legal requirements have been developed for the purpose of overseeing various forms of financial education, and in some cases, non-compliance with those requirements has become a criminal aspect. In Iranian law, there is a rule called "possession" which is inspired by French civil law, which is based on the prohibition of unlawful possession and education without the legal authorization of wealth (Katouzian, 1374: 546).Another country that has put this principle into practice is India. In the legal system of India, the Law of Contracts, whose effectiveness is not covered by English law, has laid down general principles governing the performance of contracts, thereby preventing any contracting and having persons without legal or contractual cause It's done. The principle of prohibition of unjust possession in the Indian legal system often revolves around the Central Commodity and Customs Act (Amendment) of 1991, and in particular the Contract Law of 1872, in Articles 68 to 72, requiring state judges to deal with Regarding the type of case, the said materials base their proceedings on a case unless the case has a criminal record that is decided by a judge, depending on the type and quality of the offense (Madhu Sweta, 2018: 2).There are many parallels in the rule of law in Iranian and Indian law, the origin of which resembles that of the origin of the rule, which has emerged in the legal systems of European countries. Indian lawyers and lawyers in the early 18th century had no knowledge of unjust ownership, and later with the drafting of the Contract Law in 1872, the Indian legislator, following British law, made this principle part of his subject matter (Kothari, 2012 : 6).

In order to carry out this research and to obtain the results of the research, one of the common methods of comparative method has been considered and it has been tried to compare and compare the views of Indian and Iranian legal systems and in terms of information gathering method of this library research. And is used as a quotation for direct quotation or researcher's impression of the material as indirect quotation. Like all library studies, it has been used to study books and articles and to refer to related sites and resources.

Discusion:

In any legal and economic system, it has predicted certain means and means of acquiring property and the transfer of wealth from one asset to another and the distribution of public property, the nature of which is due to the law. This point, in addition to being the focus of Iranian lawmakers' attention, has been the focus of Article 1 of the Indian Contracts Act, which has made any use and conclusion of a contract contrary to the provisions of Article 1 of the Contract Law illegal. Providing appropriate mechanisms for the excellence of the legal systems of the two countries and removing legal deficiencies requires re-examining and evaluating the concept of unjust and unjust possession in the legal system of Iran and India. According to Article 72 of the Indian Contracts Act, if one pays a person other than the denier who he considers to be dignified, he can withhold the payment provided that his mistake is due to fact, not the law. . This is documented in Indian law as unjust possession, the source of civil liability for the recipient, which was also fully taken into consideration by the legislator in Article 302 of the Iranian Civil Code, which led to the legal establishment of "improper performance" in this system. Iranian lawmaker in Article 265 BC and Indian lawmaker in Article 70 Contract Laws on "No Tax Exemption" stipulate that when one person pays money without giving title to another, he shall prevail Religion has done so. In this description, when someone gives money to someone who is not in fact indebted to him, he will have the right to repay what he has paid rightly, citing the legal provisions of the two countries.

The failure of Iranian scholars to pay attention to the origin of the rule has led many of them to refer to the loss and wrongdoing of many other writings, and this view has led to fundamental contradictions and controversies in the analysis of the rule and its provisions. Is. Whereas the former originated in Roman law and the latter originated in the old French law of 1804, during which time French law enumerated the grounds of marriage and thereby invalidated "without cause" or "illegitimate". But today many legal systems in the world and even the new French law, based on its Roman origin, interpret unjust enrichment as ethical rules based on the principle of judicial justice. In fact, this approach has a supervisory approach to the law, as opposed to having a concept that is understood to be incompatible with the legal standards of the means of education, and has little effect on it because another interpretation of the entity of finance False in Islamic jurisprudence.While it is well known that the focus of the rule in question is on unjust possession and on the principle of justice, the author's assessment is that Islamic law scholars and scholars have long argued for justice in the field of contracts and civil lawsuits. It is found in many jurisprudential books that jurists have accepted the principle of justice as the jurisprudential rule, and its function is that, as the case may be, the regulatory effect of the law is occasioned by this legal effect. It can be a cancellation of the transaction and sometimes a lack of influence and legal order. But in criminal matters one can invoke the principle of unfair possession because although both of its rules are non-harmful, in criminal matters the first condition is criminal offense and the nullity of the documentary transaction is the principle. Justice (or acquiescence) if it is accepted as void, is not enough to prove the offense and punish the perpetrator. There are many examples that are perfectly legitimate in contract terms, but are manifestly unfair, such as renting bank accounts, manipulating prices in the commodity market, etc.Although the legal systems of India and Iran, in compliance with other legal systems, have provided a good opportunity to expand the rule of fairness in the courts, but in the Indian criminal law on the basis that Indian jurists, "Compensation" is considered a form of contractual and non-criminal matter, a form of intimidation, as it has to be distinguished between damage to persons and damage to public property; Because these crimes result in disruptions to the normal process of society. Therefore, a crime which has two of the above mentioned dignities will result in an increase in the punishment. The Indian legislator considers the punishments to be a form of compensation, but it seems essential that the principle of non-compliance with the prohibition on unjust possession be found, and that the general aspect of the offense should also be addressed by the Supreme Court and the authorities. The Indian judiciary is considered to be a progressive author of the Iranian legislative procedure and it is suggested that the Indian legislator also follow the Iranian legislative procedure.

There are fundamental questions and obvious differences between the jurists regarding the guarantee or non-guarantee against the death of the convict and the additional punishment imposed on her during the issuance or execution of the sentence: Well-known jurists have considered the loss of one's blood to be based on the rule that "No Blood Money for the One Killed Due to Legal Punishment". Some jurists also citing some religious generalities, have believed to Lack of guarantees pent to Lack of extremes in Punishment and a few jurists, such as Sheikh Mufid, have distinguished between the rights of God and the rights of the people. This difference of opinion among scholars has also been transferred to the Islamic Penal Code, and there are contradictions in some legal articles that need to be examined. This article critiques each point of view in a descriptive-analytical way, along with their documentation and analysis of legal materials. The author's chosen opinion in substantiation of Guarantee for Punishment leading to the deprivation of life wherein permeate of wounds is not Arising from negligence. This claim is based on the priority of the evidence of the sanctity of the Muslim person's blood over other evidence, the generalities of the murder, and also agrees with the scholarly view of Khansari in one of her possibilities and It explicitly complies with Article 13 of the Islamic Penal Code and Note 185 of the Islamic Penal Code. According to the law, if deprive of life arising from Punishment is after warning of Judge enforcing the penalty, It removes the guarantee from him.

According to the Holy Quran, one of the most important expressions of social health is the correct pattern of walking, one which has to conform to certain standards. This definitely impacts his soul and limbs and consequently results in positive or negatives effects for both the individual and society at large. This study has evaluated the educational teachings about walking in different aspects by focusing on the Qur'anic verses, the four hadith books and the fundamental psychological analysis. The present educational discussion considers the necessity of sorting out the different aspects of the matter into the apparent and inner states of walking, the necessities of walking and trekking towards sacred sites. Relying on recommendations such as "Moderation in walking" with the aim of rationalizing social interactions and avoiding any extremities in its manifestations; and "maintaining magnanimity and dignity (which is one of the attributes of the servants of God) has been examined.

Today, the advancement of electronic devices has made the scope of the people’s encroachment on people’s privacy not limited to physical presence, and this has caused people to exploit advanced tools to raid the wealth and property of others, and by overshadowing the social security of the society, they will achieve the exaggeration that God has made obligatory to defend.  One of these crimes is the threat of extortion of the publication of honorary documents, and the question of the present research is whether the defense of the victim of his integrity against the threat of extortion can be documented in the legitimate defense of jurisprudence and law. Despite the fact that this look has always been the subject of the jurisprudence of elders, it is a serious reflection of the fact that not only the Islamic Penal Code, but also legal analysts have neglected the importance of the lawsuits of the tribunals. In this paper, in order to prove the theory of research based on the accuracy of the criticism of the Islamic Penal Code, the nature of the legitimate defense in the jurisprudential and legal material has been analyzed. It was found that the initiation of extortion is a kind of invasive attack against the integrity of the wage and the defense of the defendant. In addition, it is not permissible and responsible to convey the objection of failure to observe the general rules of jurisprudence, but the title of legitimate defense against such an offensive is correct.

The process of compulsory treatment of addicts as the duty of others - whether from supportive institutions or others - is based on the principle of diligence in deciding how to dominate human beings. This article, written in a descriptive-analytic method, analyzes that, given the fiduciary relationship of man to his own self, the refusal of an addict to be treated is ineffective; Therefore, in order to explain the duty of the person other than the addict, for the purpose of compulsory treatment, the legitimacy of the aid, according to the use of the verses, hadiths, and reasoning on the clarity of the influence and suggestibility of all the people of society and the belief of the addicted person as a member of Community can be cited.  The Wise Method affirms the endeavor to help others in the time of danger and the necessity of being well-mannered in accordance with the rule of ihsan (beneficence), the legitimacy of this compulsion. Based on the clarification of permissible human permits, it can be said that the reasons that justify the legitimacy of forcing addicts to compulsory treatment are to be prioritized by limiting the subject of the rule of the “Taslit” to it.

In terms of Islamic jurisprudence, the deprivation of deprivation from divorce is attributed to the existence of the carriage by the verse of the Qur'an and continues to maintain alimony. The ambiguity in the revelation of Shari'ah verse has led to clear controversy among the jurists, so that the famous believers consider alimony as a means of transportation, the right of inheritance of the heirs to the deceased's property, among which some people, such as the deceased jeweler, believe in the theory of revolution, and in On the other hand, celebrities have of divorce and narratives has been proved for the divorced believer of the carrier, according to his own reasons, was the reason for the alimony of the woman. And in the issue of housing conflict, the claim of the theory of the revolution of the people because of the priority of the effect of the verse is not researcher and, on the other hand, leads to the healing of the heal and the entry of harm to the wife and the fetus, which is not permissible under the rule of the wicked and the words of the jurists .

For improving and progressing the statutes, and promoting the security of the property in the society and prohibiting an illegal possession, this paper examines the theories of legitimizing the tender of the seized vehicles by the security forces according to the intellectual arguments and jurisprudential and legal certainties. Similarly, in this regard, punishment of custody of something and the different legal dimensions of avoiding to return by the owner are examined. In this paper, the author restudies the rule of abandonment and the other causes of removing the ownership in the Islamic jurisprudence; and by analyzing the legislator`s intention in the very legislating the penalty of custody, and the theory of paying the fine for the road traffic offences, the author concludes that argumentation of the legal causes in order to remove the ownership and legitimacy of tendering is incomplete according to the legal and jurisprudential analysis. The author also believes that in some presumptions, the requirements of article 11 proceeding law of road traffic offences are contrary to the certain legal principles and jurisprudential rules; because, on one hand, these requirements make the legal effect of the article 6 of the mentioned law - being temporary of custody judgment - practically invalid, and prevent the owner to return to the vehicle, and on the other hand, they are contrary to the Islamic Shariat`s intensions based on the guaranty of social justice, and impact on the issue of ownership.

Entering a residential home - whether private or non-private - is one of the important issues that the Islamic Shari'ah has been addressing through its rules and regulations. The binding rules such as seeking permission, introducing oneself, greeting, not spying, lowering one's gaze, are part of the Qur'anic teachings aimed at preventing crime, and ultimately the establishment of a civil rights system, to introduce the Islamic Ummah as an model for all nations. After interpreting the verses, narrations and analyzing the viewpoints of scholars in explaining the legal-pedagogical requirements of entering a residential home, it has been concluded that there is a causal relationship between the above mentioned requirements and solidification of brotherhood, love and public cooperation in society. A careful look at the delicate points mentioned by the Holy Lawgiver in the pedagogical rules regarding entering a residence reveals the fact that the religion of Islam is completely cognizant of man's psychological and mental realities. In fact, they are indicative of a common pedagogical point in this regard and that is to apply one's reason which affirms that one should enter a residential home in a way which is normal and customary.

Creating false needs is among the immoral socio-cultural results of commercial advertisements shown by commercial companies. To establish a guideline for advertisement and creating demand, acquaintance with people's needs and demands is a basic principle of business advertisement in a competition. Most companies takes into regard such things, like morals, culture, values and spirit of easy life in order to achieve their economic goals. Therefore, it is necessary to investigate the various aspects of marketing from a fiqhi view point. Using a descriptive-analytical method and defining the concept of creating false needs and its position in the paradigms of consumer behavior and in marketing and socio-cultural work, this paper seeks to investigate and set the key criteria of Islamic law by resting on the fatwas of religious authorities and traditions of the infallible. The research results indicate that offering a vast variety of products, excessive advertisements and provoking materialistic and western values has a key role in exerting negative effects on society and culture. Regarding creating false needs while observing the criteria of Islamic law, advertisement of luxury goods have little effect on the emergence of negative social and cultural phenomena.

In Immamiyah jurisprudences’ standpoint، people’s political participation in government affairs is one of the fundamental principles of the Islamic Government. Due to the different words of jurisprudences of Constitutional، Pahlavi and Islamic Revolution eras concerning nature of people’s political participation which leaded to creating discrepancy between Islamic Sciences’ scholars and researchers، analysis of different points of view of jurisprudences and scrutinizing this challenging thoughts posses a critical importance to be verified. This research analyzes bilateral words of jurisprudences by verifying arguments of Jihad and Election as the most important criterion of people’s political participation and results that there is no conflict between words of Constitutional and Pahlavis’ jurisprudences about requirement of participation and Islamic Revolution، and this requirement has rational and judicial basis to be considered as the right; hence، there is no debate whether we consider it as a requirement or right، because proving the object does not contradict exception.

From the view of ayatollah khameneie heroic flexibility with three pillars of esteem, wisdom and good intention refers to a diplomatic tactic apart from the valuable principles of foreign policy, maintaining the principles of Islamic ideology brings about achievement of the desired effect. Due to the sensitive diplomatic function in the interest and territorial integrity of the country and on the other hand, sensitivity of holy legislator to renounce Islamic rule in international relations, the recognition of heroic flexibility role as one of the evolutional tactics in Islamic diplomacy and understanding of its nature in the area of foreign policy and shi’ite political jurisprudence, particularly now that Iranian diplomats negotiations in Geneva are ahead is of importance that needs addressing to make it clear. This paper has applied descriptive analysis method to assess the problem, by identification of conceptual dimensions of heroic flexibility and peace in Islam and its position in the field of Islamic diplomacy as well as analysis of the historical background of Iran and U.S.A diplomacy. It has also studied necessities of heroic flexibility from the perspective of ayatollah khameneie and it has resulted that if diplomacy and foreign policy, particularly Geneva nuclear talks is scheduled to achieve heroic flexibility, it should be based on the heroic standards and principles so as to align with emtenani terms of shi’ite political jurisprudence to observe on the two pillars of esteem and good intention in the area of foreign policy, continue its way.